Wests offers to build wall for licence

A South Dunedin soft drinks institution that had its liquor licence stripped in a controversial case is attempting to regain it.

The 141-year-old Bay View Rd business Wests has applied for an alcohol licence almost a year after it was denied by the Alcohol Regulatory and Licensing Authority (ARLA).

This time Wests (NZ) Ltd's director Alf Loretan says he is willing to build walls to separate his shop and the liquor store, if necessary

The authority made its ruling after a two-and-a-half-year fight.

The drawn-out battle was triggered after medical officer of health Marion Poore expressed concern about the layout of the Wests store, which allowed younger customers to be exposed to alcohol advertising and products.

The case was heard by ARLA after Dr Poore and council licensing inspector Martine Cashell-Smith appealed an original district licensing committee's decision to grant a licence.

Judge Kevin Kelly ruled the part of the shop that sold alcohol was not a separate premises.

ARLA's decision was criticised at the time by Dunedin Mayor Dave Cull, who said it was hard to make sense of the decision or the legislation on which the ruling was based.

In his application, Mr Loretan said Wests had always tried to act responsibly within the law, and to serve the local community.

There was no evidence of alcohol-related harm, and ``the community and nearby schools had always been supportive of the company''.

Wests had both a shop and a factory, meaning there were already two premises within its ``perimeter walls''.

Mr Loretan said installing perimeter walls within the shop would make the distinction between it and the liquor store easier to make.

``Wests is willing to receive guidance from the district licensing authority and/or agencies as to the exact requirements for such inside perimeter walls.''

Mr Loretan yesterday said the decision was made on ``a technicality'' of the definition of the word ``premises''.

He said the rules were ``a whole lot of nonsense from A to Z, in my opinion''.

However, if building a new wall was what was needed to ``tick a box'', he would do it.

He did not, though, want to ``pull down the whole building to have a new building'' with exterior walls to separate the liquor area from the shop.

``It's got to be a commercially viable option.

``We can't operate in a fantasy world. I can't throw a quarter of a million dollars at this thing.''

Mr Loretan said people in the community were still ``shaking their heads in disbelief over what had happened.

``We're trying to run a little business. We're trying to employ some local people. We have been operating here for many, many years.

``I don't want this thing to suffer because of some bureaucratic, legalistic definition of the word `premises'.''

Dunedin City Council liquor licensing co-ordinator Kevin Mechen said those who wanted to make submissions on the application had until September 29 to do so.

After that, a decision would be made on whether a hearing was necessary.

david.loughrey@odt.co.nz